By Alex Ababio
Accra — September 1, 2025: Ghana’s President John Dramani Mahama has removed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, acting on the binding advice of a constitutional committee of inquiry.
The Presidency confirmed the decision in a statement published on https://presidency.gov.gh/
Presidency.gov.gh on Monday, citing Article 146(9) of the 1992 Constitution, which requires the President to implement the committee’s recommendation once a finding of “stated misbehaviour” is established.
“The President shall, in each case, act in accordance with the recommendations of the committee,” the statement quoted directly from Article 146(9).
The Petition that Sparked Removal
The removal followed a petition filed by businessman Daniel Ofori, who accused the Chief Justice of misconduct. The full 15-page petition can be accessed via GhanaWeb’s archive for transparency.
According to the Presidency, the five-member committee reviewed oral testimony and documentary evidence before concluding that the allegations were proven.
From Suspension to Removal: A Timeline
April 22, 2025: President Mahama suspends Justice Torkornoo after the Council of State advised that a prima facie case had been made. Reuters reported the suspension.
May–August 2025: Committee of inquiry holds in-camera sessions.
September 1, 2025: Presidency announces removal, citing committee’s first report.
This sequence links back to Ghanaian Watch’s earlier coverage on Chief Justice Torkornoo’s suspension (insert your April article link here for internal authority).
What Article 146 Says — Explained
Under Article 146 of Ghana’s 1992 Constitution (PDF):
Grounds: Judges may be removed for incompetence, infirmity, or “stated misbehaviour.”
Process: A petition is filed → Council of State advises if a prima facie case exists → President suspends → special committee investigates → President bound by recommendation.
Legal analysts told Graphic Online (source) that Mahama had no discretion once the committee’s findings were submitted.
What Happens Next?
Following the April suspension, Justice Gabriel Pwamang was designated Acting Chief Justice. President Mahama is now expected to nominate a new substantive Chief Justice, subject to parliamentary approval.
This transition raises questions about judicial independence. Reuters noted growing debate on whether petitions are being politicized.
Reactions
Civil society groups and legal scholars are split:
Supporters argue the removal shows accountability in Ghana’s highest court.
Critics, including some opposition MPs, warn it sets a dangerous precedent for judicial independence.
Justice Torkornoo has denied any wrongdoing, describing the allegations as politically motivated.
Related Ghanaian Watch Coverage
Suspension of Chief Justice Torkornoo: What It Means for Ghana’s Judiciary
Understanding Article 146 and Judicial Accountability in Ghana
FAQ: Chief Justice Removal in Ghana
What is Article 146(9)?
It states the President must act on the recommendation of the removal committee.
Who filed the petition?
Businessman Daniel Ofori, among others.
Who is Acting Chief Justice now?
Justice Gabriel Pwamang, appointed after the suspension.
What happens to pending cases?
Court administration continues under the Acting Chief Justice until a new substantive appointment is approved.
Why This Matters
This is only the second time in Ghana’s Fourth Republic that a Chief Justice has been removed under Article 146. The episode will shape debates about the balance of executive power and judicial independence in the years ahead.
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